EFFECTIVE March 22, 2018

PRIVACY POLICY

BOOMBOXGIFTS.COM

Boombox Gifts LLC (“Boombox”, also referred to below as “we” and “us”) respects your privacy and is committed to protecting it through compliance with this privacy policy (“Privacy Policy”).

This policy describes the types of information that we may collect from you or that you may provide when you visit the website, www.boomboxgifts.com (the “Website”), and our practices for collecting, using, maintaining, protecting and disclosing that information.

References to “you” in this Privacy Policy means (a) any person accessing this Website, whether as a visitor, purchaser of a Boombox or contributor to a Boombox, and (b) recipients of a Boombox.

Boombox provides products and services on and through our Website. This Privacy Policy describes the types of information we gather from those who visit or place orders through the Website and how we use and disclose that information.

By visiting or placing orders through the Website, you accept and agree to be legally bound by this Privacy Policy. If you do not agree to the terms of this Privacy Policy, your choice is not to use our Website.

This policy may change from time to time (see “Changes to Our Privacy Policy” below). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

If you have any questions about this Privacy Policy, you can contact us using the information in the “Contact Us” section below.

  1. Children Under the Age of 13

The Website is directed to adults and is not intended for children under 13 years of age. If you are under 18 and want to order from our Website, please ask your parent or guardian to do this for you.

No one under age 13 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features, make any purchases through the Website, or provide any information about yourself to us, including your name, address, telephone number, or email address. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us using the information in the “Contact Us” section below.

  1. Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Website, including information:

  • by which you may be personally identified, such as name, postal address, e-mail address, telephone number and credit card information (“personal information”);
  • that is about you but individually does not identify you; and/or
  • about your internet connection, the equipment you use to access our Website and usage details.

We collect this information:

  • Directly from you when you provide it to us.
  • From individuals who have invited you to contribute to a Boombox.
  • From individuals who have bought you a Boombox or have contributed to your Boombox.
  • Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses and information collected through cookies and web beacons.
      1. Information We Collect To Create A Boombox:

In order to purchase and create a Boombox, you will need to provide us with certain information, including:

  • Information about you, including your name, contact information and credit card information;
  • Information about the individual for whom you are purchasing the Boombox (the “Recipient”), including his or her name, occasion being celebrated (e.g., birthday) and shipping address (if you want us to ship the Boombox directly to the Recipient); and
  • Information about any friend, family member or other person that you invite to contribute to the Boombox (collectively, the “Contributors”), including his or her email addresses.

In order to contribute to a Boombox that you purchase or to which you are invited to contribute, you will submit messages, pictures and other content (collectively, “Content”) to the Website. All such Content will be viewable to us and we will use and disclose that information in order to create the Boombox. All Content contributed by a Recipient will also be viewable by the purchaser of the Boombox for which the Content was contributed. We are not responsible for any use or disclosure of any Content by the purchaser of a Boombox.

You may provide us with information when you communicate with us by email, telephone or otherwise. We may retain records of any such correspondence (including email addresses, contents of emails, transcripts of telephone calls, copies of letters, etc.). We may use such information in order to respond to any inquiries if we determine, in our sole discretion, that a response is warranted. We may also keep records of purchases made by you and the types of products that appeal to you.

  1. Information We Collect Through Automatic Data Collection Technologies.

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:

  • Details of your visits to our Website, including traffic data location data, logs and other communication data and the resources that you access and use on the Website.
  • Information about your computer and internet connection, including your IP address, operating system and browser type.

We also may use these technologies to collect information about your online activities over time. The Website does not respond to Do Not Track Signals.

The information we collect automatically does not include personal information, but we may maintain it or associate it with personal information we collect in other ways. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Website according to your individual interests.
  • Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
  • Web Beacons. Pages of our the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

We do not collect personal Information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.

  1. Third-party Use of Cookies and Other Tracking Technologies.

Some content or applications on the Website are served by third-parties, including servers, content providers and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services.

  1. How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information: (i) to present our Website and its contents to you; (ii) to provide you with information, products or services that you request from us; (iii) to fulfill any other purpose for which you provide it; (iv) to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection; (v) to notify you about changes to the Website or any products or services we offer or provide though it; (vi) to allow you to participate in interactive features on the Website; (vii) in any other way we may describe when you provide the information; and (viii) for any other purpose with your consent.

If you are a customer of Boombox or if you otherwise provide us with your email address, we may use the information you provide in order to send you periodic emails communicating promotions and specials as well as information about certain products and services provided by us. If you do not want to receive email from us for anything other than emails directly relating to your order, please do not check the relevant box located on the form on which we collect your data. If you want to stop receiving emails for anything other than those relating to your order, please click the unsubscribe button in the email. If that doesn’t work, please contact us using the information in the “Contact Us” section below.

We may also use your information to contact you about goods and services that may be of interest to you. If you do not want us to use your information in this way, please do not check the relevant box located on the form on which we collect your data.

  1. Disclosure of Your Information

We may disclose aggregated information about our users without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

  • To fulfill the purpose for which you provide it. For example, we include Content submitted by Contributors in the applicable Boombox.
  • To contractors, service providers and other third parties we use to support our business.
  • To our subsidiaries and affiliates.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us is among the assets transferred.
  • For any other purpose disclosed by us when you provide the information.

We may also disclose your personal information:

  • To comply with any court order, law or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our Terms of Use and Conditions of Sale (“Terms of Use”), including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Boombox Gifts LLC, our customers or others.
  1. Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
  • Promotional Offers from the Company. If you do not wish to have your e-mail address used by the Company to promote our products or services, you can opt-out by unchecking the relevant box located on the form on which we collect your data or by reaching out to us on our contact page. If we have sent you a promotional e-mail, you may unsubscribe on that email. You may also send us a return e-mail asking to be omitted from future promotional e-mail distributions.
  1. Accessing and Correcting Your Information

You may contact us using the information in the “Contact Us” section below to request access to, correct or delete any personal information that you have provided to us. In order to delete your personal information, we may have to also delete your user account and/or stop work on your Boombox. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you contribute Content to a Boombox, copies of such Content will be included in the Boombox and may remain viewable to the purchaser of the Boombox and to us. If you would like such Content deleted please reach out to us on our contact page. Please note that deleted Content may remain viewable in cached and archived pages, or might have been copied or stored by the purchaser of the Boombox.

  1. Links to Other Web Sites

The Website and emails that we send you might include links to other websites. We cannot be responsible for the privacy practices of those websites, and we caution you to be aware of the privacy practices of all websites. This Privacy Policy and our other policies do not apply to any other website.

YOU AGREE THAT YOUR USE OF ANY THIRD PARTY WEBSITE IS AT YOUR SOLE RISK, AND WITHOUT WARRANTIES OF ANY KIND BY BOOMBOX, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES WILL BOOMBOX ACCEPT LIABILITY FOR ANY DAMAGES ARISING OUT OF ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WEBSITE, OR FOR ANY INFORMATION APPEARING ON THIRD PARTY WEBSITES.

  1. Your California Privacy Rights

California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, you may contact us using the information in the “Contact Us” section below.

In your request, please specify that you want a “Your boomboxgifts.com California Privacy Rights Notice.” Please allow 30 days for a response.

  1. Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we take efforts to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

  1. Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you by e-mail to the e-mail address you provided to us (or to the email address provided by the person who invited you to contribute to a Boombox) and/or through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

  1. Terms of Use; Revisions

Whenever you visit the Website or place orders through the Website, such visit and orders, and any dispute over this Privacy Policy, is governed by this Privacy Policy and the then-current Terms of Use, which includes, among other things, certain limitations on Boombox’s liability and damages and provisions relating to disputes and choice of law. Any order placed through the Website is also subject to the Terms of Use and such other terms, conditions and policies contained or referenced on any Boombox webpage used in connection with the purchased goods or services from Boombox. Since we continuously strive to improve our business and your shopping experiences, we may update and change this Privacy Policy, the Terms of Use and the other policies that are contained on the Website, purchase order or catalogues. Unless stated otherwise, our current Privacy Policy applies to all your information. You should regularly access this page of the Website in order to review the most recent version of our Privacy Policy.

  1. Contact Information

Thank you for visiting the Website. If you have any questions regarding our privacy practices or this Privacy Policy, please reach out to us on our contact page.

4843-4033-2127, v. 1

EFFECTIVE March 22, 2018

TERMS OF USE AND CONDITIONS OF SALE

BOOMBOXGIFTS.COM

Welcome to the website of Boombox Gifts LLC (the “Company”, also referred to below as “we” and “us”).   These Terms of Use and Conditions of Sale (together with any documents referred to in them) (these “Terms of Use”) apply to your use and access of www.boomboxgifts.com (the “Website”), and any content, functionality, products and services offered on or through the Website, whether as a guest or a registered user, and to your purchase of a Boombox or other products and services through the Website.

Please read the Terms of Use carefully before you start to use the Website.  These Terms of Use constitute a legal contract.  By visiting the Website and/or using the Website to purchase any products or services, you are agreeing to be bound by these Terms of Use and our Privacy Policy, found at https://boomboxgifts.com/privacy-policy/ (the “Privacy Policy”).  If you do not want to agree to these Terms of Use or the Privacy Policy, you must exit the Website.

References to “you” in this Privacy Policy means any person accessing this Website, whether as a visitor, purchaser of a Boombox or other products or services or contributor to a Boombox, except where the context requires otherwise.

We may revise and update these Terms of Use from time to time.  Please check this page periodically to take notice of any changes we make.  You can tell if these Terms of Use have changed or been updated by checking the effective date that appears above.  Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes, as they are binding on you.

We respect the privacy of all of our customers and contributors and of all visitors to the Website.  For information on what types of information we may collect from you in connection with our Website and our practices with regard to such information, please read our Privacy Policy.

Accessing the Website and Account Security

The Website is directed to adults and is not intended for children under 13 years of age. We do not knowingly solicit data from, or market to, children under age 13. If you are under 18 and want to order from our Website, please ask your parent or guardian to do this for you.

We reserve the right to withdraw or amend this Website, and any products or services we provide on or through the Website in our sole discretion without notice.  We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to customers, contributors and other registered users.

Online Purchases and Other Transactions

General

Visitors may purchase Boomboxes and other products through the Website.  In order to place an order for any products from the Website, you will have to provide certain information about yourself such as your name, contact information and credit card information.  If you are a purchaser of a Deluxe Boombox, you will also need to provide information about the individual for whom you are purchasing the Boombox (the “Recipient”) (including his or her name and the occasion being celebrated (e.g., birthday)).

If you are a Deluxe Boombox purchaser, once you have placed an order, we will send you an email with instructions directing you to create an account on the Website (your “Account”).  Once you have logged into your Account and created a password, you will be able access a customized page on the Website from which you can continue to build your Deluxe Boombox (your “Account Page”).  The Account Page will be your virtual control center.  From the Account Page you will be able to submit content to your Deluxe Boombox, invite friends, family members and other individuals to submit content for inclusion in the Deluxe Boombox, track the progress of such contributions and edit any submitted contributions.

You must treat your Account password as confidential, and you must not disclose it to any person.  You are entirely responsible for all activities that occur under your Account and you agree to immediately notify the Company of any unauthorized use of the Account or password or any other breach of security.  You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or any other personal information that may be accessible through the Website.

All purchases and other transactions made through the Website (including the making of any contributions to a Boombox purchased by someone else) are governed by the terms and conditions contained in these Terms of Use.  Certain purchases on the Website may be subject to additional terms and conditions, which would be posted on, or accessible through, the web pages on the Website used in connection with such purchases.  All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.  All orders are deemed to have been made in and completed in the State of New York.

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Website are subject to change at any time without notice.  Certain descriptions are approximate and are provided for convenience purposes only.  The inclusion of any products or services on the Website does not imply or warrant that these products or services will be available.  The Company reserves the right, with or without prior notice, to: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the use of any coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any order(s); and (iv) refuse to provide any user with any product or service.

Pricing/Payment

All prices listed on the Website are in US Dollars.  We will charge customers sales tax as required by applicable law.  Payments for products ordered through the Website must be made in full at the time of placing an order.  By placing an order through the Website, you agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges.

We strive to maintain accurate pricing, however due to unforeseen circumstances, pricing errors may occur.  By submitting an order through the Website, you are agreeing to pay the price relevant to the item being ordered as stated on the “Review Your Order” page.  Please review your order carefully before you submit it and if you have any pricing questions, please contact us immediately.

If you wish to purchase any product or service made available through the Website, you will have to supply certain information relevant to your purchase, including, without limitation, your credit card number and security code, the expiration date of your credit card, your billing address, phone number and shipping information.  YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION.  By submitting such information, you grant us the right to provide such information to third parties for purposes of facilitating the completion of purchase transactions initiated by you or on your behalf as described in our Privacy Policy.  We may require verification of information prior to the acknowledgment or completion of any order.  We reserve the right not to produce your order or offer our services if you provide invalid billing information.

Contributions

If you order a Deluxe Boombox through the Website (the individual or entity ordering the Deluxe Boombox, hereinafter sometimes also referred to as the “Gift Giver”), the Boombox will be customized with content provided by you and the other contributors to include messages, pictures and other content (collectively, “Content”).

If you are a Gift Giver, you can invite friends, family members and other individuals (each a “Contributor”, and collectively, “Contributors”) to add Content to the purchased Boombox through the Account Page by providing us with their names and email addresses.  When you invite a Contributor to contribute to a Boombox, an email will be sent to the email address you provide for such person, notifying the Contributor that he or she has been invited to contribute Content to the Boombox.  Before you invite someone to contribute to a Deluxe Boombox through the Website, you must contact that person and confirm that he or she would like to participate, and by providing his or her contact information to us, you thereby confirm that he or she has authorized the sending of the invitation email.  Please note that email invitations are capable of being forwarded by a recipient to others, and anyone with access to the email invitation is able to provide a contribution to the purchased Boombox to which such email invitation is linked.

If you are a Gift Giver, you may also invite Contributors to contribute to your purchased Boombox by sharing the unique hyperlink we provide for your Account (the “Boombox Hyperlink”).   The Boombox Hyperlink is not password protected, and as with the invitation email, anyone who clicks the Boombox Hyperlink will have the ability to upload Content to the Boombox. If a Gift Giver decides to share the link with third parties, the Gift Giver does so entirely in his or her own discretion and at his or her own risk.

If you are a Gift Giver, you can view a list of Contributors and track the status of their contributions through the Account Page.  You can also send reminder emails to Contributors through the Website, reminding them to submit their Content.  You agree not to use this feature or any other feature or functionality of the Website to harass or to cause the sending of any unwanted emails to any person.

If you are a Gift Giver, you can also view content submitted by a Contributor. We provide you with such an ability so that you can ensure that the final Boombox that is delivered to the Recipient is free of mistakes and unwanted contributions. Our team may, but has no obligation to, communicate with you if we feel that content or language in a Contributor’s message conflicts with the spirit and intent of the Boombox experience; however, if you are a Gift Giver, you and your respective Contributors assume complete responsibility for all contributions.

If you are a Contributor, you agree that by submitting a contribution to a Boombox, you authorize both the Company and the Gift Giver to access to all Content included in such contribution and to edit and/or delete such Content in their respective sole discretions.

Cancellations and Refunds

A Deluxe Boombox project (and any related duplicate Boomboxes or flash drives ordered simultaneously with the original Deluxe Boombox) can be cancelled by written notice from the Gift Giver using the Contact Us link below at any time prior to the contribution deadline set forth on the respective Account Page (the “Message Deadline”).  If a Deluxe Boombox project is canceled as set forth in the prior sentence, we will issue a full credit or refund for the canceled items at the Gift Giver’s election within thirty (30) days of the cancellation request.  If a Deluxe Boombox project is cancelled, all Content will be deleted from your Account Page, including any photos or messages that have been uploaded by any Contributor and you will not have any further access to them.  Deluxe Boombox projects (and any related duplicate Boomboxes or flash drives) cannot be canceled after the Contribution Deadline for the original Deluxe Boombox, and no credits or refunds will be issued after such time. Non-Deluxe, “Do it Yourself” Boomboxes may be returned in their original condition and original packaging by contacting us to initiate a return using the Contact Us link below within seven (7) days of receipt of the merchandise, and by delivering the item for shipping using the shipping label provided by us within three (3) days of receipt of the label.  Failures to timely initiate a return request or timely deliver the item for shipping and/or failure return the item in original condition or packaging will result in the merchandise being non-returnable (and no credits or refunds will be provided).  For “Do it Yourself” Boomboxes returned in compliance with the foregoing return policy, the Company will issue a refund for the amount of the merchandise less shipping and handling for the original shipment and return within thirty (30) days of the Company’s inspection of the returned merchandise.  Other than “Do It Yourself” Boomboxes returned in compliance with the foregoing, products ordered from the Website cannot be returned (and no credits or refunds will be provided).

Delivery/Shipping

We use reputable third-party carriers (e.g., The United States Postal Service, Federal Express, United Parcel Service) to deliver your order and are not liable for delivery problems caused by these providers.  We make no guarantee about time in transit of any shipping method.  In the event an order is not received within a reasonable time of when it is expected or arrives damaged, you should contact us using the Contact Us link below and include a photo of the damaged product.  Please include your order number in any email that you send to us so that we can quickly track your order and respond to your inquiry.

Printing

We complete orders in accordance with industry-wide trade standards for color and according to the parameters defined in the respective order and as outlined on the Website.  Purchasers of products from the Website are advised to confirm their order by reviewing all order details prior to submitting the order.

We strive to display as accurately as possible the colors of the products shown on the Website; however, we cannot and do not guarantee that your monitor’s display of any color will be accurate.

We will endeavor to reproduce color from uploaded Content as closely as possible, but cannot exactly match color and density.  Because of inherent limitations with the printing process, the accuracy of color reproduction is not guaranteed.  By placing an order with us you agree to this limitation.  We will try our best to match each color, but we accept no responsibility for color variations between submitted files and the final printed products.  We will not issue any refunds on account of color variations that have occurred during the printing process.  We are not responsible for exactly matching color or ink density to approved screen proofs or physical proofs.  Physical proofs and screen proofs will predict design layout, text accuracy, image proportion and placement, but not color or density.

Defective Products

If products that you order from the Website contain any defects at the time of delivery by us to you or the Recipient, you must report the defect to us including a photo of the product within seven (7) days of delivery, using the Contact Us link below.  Please include your order number in the email and photos of the defect/damage in question.  Upon receipt of an email from you reporting defective merchandise within seven (7) days of the delivery date, we will respond to you and if we agree that the merchandise in the form shipped by us was defective, we will ship a replacement product or a replacement part, as applicable, to you or your Recipient.

Please note that we will not issue any replacement if you fail to notify us of the defect within 7 days of the delivery date in accordance with the instructions contained herein and with any other instructions we provide to you in connection with your order.

Your sole remedy for receipt of defective merchandise is a replacement.  We will issue such replacement as soon as reasonably practicable.

We will not accept any requests to modify the replacement merchandise from the specifications of an original order.  We will not replace merchandise as a result of any customer initiated errors such as, but not limited to, incorrect art, low resolution photography, or Content errors, so be sure to check your order and all contributions carefully.  Postage is never refundable.  In no case will the Company be liable to you or any other party for loss of business or profits, incidental or consequential damages, or costs in excess of billing for specific merchandise ordered, whether as a result of errors, mistakes or failure by the Company to perform services, to provide ordered products, or otherwise.  See Section 12 below for additional limitations on the Company’s liability in connection with the Website and products ordered through the Website.

We reserve the right, in our sole discretion, to refuse to accept any order or to terminate any order prior to completion at any time and for any reason.  You agree that we shall have no liability of any kind to you or to any third party arising from such refusal or termination other than to refund any money paid by you for such terminated order.

Force Majeure

The Company shall not be liable or responsible, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Terms of Use when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, hurricane, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to the Company’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

User Submitted Content

You shall be solely responsible for all Content that you submit to the Website for inclusion in a Boombox.

Contributions and other any other Content posted to the Website will be considered non-confidential and non-proprietary.

In using the Website, you represent, warrant and covenant not to, whether intentionally or unintentionally, upload, post, transmit, distribute, store, create or otherwise publish through the Website, or use the Website to create products incorporating, any of the following content (collectively “Prohibited Content”): (1) any Content (regardless of whether such Content actually violates applicable statutes or other laws) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially or ethnically offensive, pornographic, fraudulent, or that you believe the recipient or any other third party that would have access to such content would find to be otherwise objectionable; (2) any Content to which you do not have the requisite rights or that may infringe any patent, trademark, trade secret, copyright or other intellectual property, proprietary or contract right of any third party; (3) any Content that impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity; (4) any Content that is intended to be used in connection with any solicitation, advertisement, junk mail, “spam” or other promotional material; or (5) any Content that contains software viruses or any other computer code, files, or programs designed to interrupt, limit the functionality of, or otherwise adversely affect the Website or any computer software or hardware or any telecommunications equipment.

The Company retains the right (but not the obligation), in its sole discretion, to review any Content submitted to the Website and may, in its discretion, delete any Content, and refuse to process any order containing any Prohibited Content or any other Content that the Content determines, in its discretion, to be in violation of these Terms of Use or otherwise objectionable and/or illegal.  You must review all Content submitted to the Website and bear all risks and liabilities associated with the use of any Content.

If we notice any Content that appears to have been made in error (for example, containing a spelling mistake), we may correct the error (in the case of an obvious error) or contact you to confirm that you accurately submitted your desired Content.  We do this as a courtesy and do not, and cannot, check all contributions for spelling, grammar or other errors.  Please check all contributions before submitting them as they will generally be printed exactly as they appear during the final approval step on the Website, other than for changes made by a Gift Giver.  It is your sole responsibility to ensure that all materials submitted for printing are formatted correctly and contain proper spelling and grammar.  We will not replace any defects caused by improper spelling, grammar or other mistake made by a Contributor or Gift Giver in submitting an order.

We do not claim any ownership rights in the Content that you upload, post, or transmit to the Website.  You represent, warrant and covenant that you own or otherwise have all necessary rights with respect to the Content you upload, post, or transmit via the Website, and that the Content submitted by you does not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any intellectual property or proprietary right of any third party.  By submitting Content to the Company, you grant to us a worldwide, perpetual, universal, irrevocable, royalty-free, sublicensable, transferable, non-exclusive license to use, copy, distribute, edit, modify, reformat, excerpt, delete, translate, adapt, distribute, transmit and publish the Content in connection with our operation of the Website and the production of any products that you order through the Website. You represent and warrant that you have the right to grant the license granted above to us.

Please note that although you retain any rights that you may have to the Content that you upload to the Website, in no event will you obtain any rights to our copyrights, trademarks, trade dress, designs, content or other intellectual property.  Further, you may not duplicate, or retain a third party to duplicate, any of our designs or make any products that are identical to products that you obtain from us or which we otherwise make available.

Copyright Infringement

If you believe that any Content violates your copyright, please email us using the Contact Us link below.  It is the Company’s policy to terminate the access of Contributors who repeatedly infringe.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use.  You agree not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company or any Company employee, another user, or person or entity (including, without limitation, the use of e-mail addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

Intellectual Property Rights

The Company’s name and logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors.  You must not use such marks without the prior written permission of the Company.  All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You are permitted to use the Website for legitimate purposes related to your role as a current or prospective customer of the Company or Contributor.  You must not copy, modify, create derivative works of, publicly display or perform, republish, download or store, or transmit any of the material on the Website without the prior written consent of the Company, except to: (i) store copies of such materials temporarily in RAM incidental to your accessing and viewing those materials; (ii) store files that are automatically cached by your Web browser for display enhancement purposes; or (iii) print a reasonable number of pages of the Website for a permitted use.

You must not: (i) modify the paper or digital copies of any materials from this site; (ii) use any illustrations, photographs, video or audio sequences or any graphics other than your own Content separately from the accompanying text; or (iii) delete or alter any copyright, trademark or other proprietary notices appearing on such materials.

You must not reproduce, sell or exploit for any commercial purposes any part of the Website, access to the Website or use of the Website or any services or materials available through the Website without obtaining a license to do so from the Company or its applicable licensor.  If you wish to make any use of material on the Website other than that set out above, email us using the Contact Us link below.

If you print, copy, modify, download or otherwise use any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made in breach of these Terms of Use.  No right, title or interest in or to the Website or any content on the site are transferred to you, and all rights not expressly granted are reserved by the Company.  Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Monitoring and Enforcement; Termination

 

We have the right to: (i) take any action with respect to any information you submit to the Website that we deem necessary or appropriate in our sole discretion, including if we believe that such information violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company; (ii) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (iii) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and/or (iv) terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Reliance on Information Posted

The information presented on or through the Website (whether pertaining to our products and services, the products and services of our business partners and affiliates or information about you, including, without limitation, historical information regarding orders and invoices) is made available solely for general information purposes.  We do not warrant the accuracy, completeness or usefulness of this information.  Any reliance you place on such information is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Changes to the Website

We may update the Website from time to time, but its content is not necessarily complete or up-to-date.  We may change the Website at any time with or without notice.  We may suspend access to the Website, or close it indefinitely.  Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Linking to the Website; Reviews

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.  You must not establish a link from any website that is not owned by you.

The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the homepage.  You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease.  We reserve the right to withdraw linking permission without notice.

If we have provided you with (or agreed to provide you with) any free or discounted products or services or any other item of value, you must disclose that such item was provided to you in any reviews, articles, blog posts or other content that you write, publish or otherwise produce that is related to the Company or its products or services.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only.  This may include links from advertisers, including banner advertisements.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.  If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Reproduction of Articles

Emoji Icons published by Boombox on the Website are provided by EmojiOne.

Geographic Restrictions

The owner of the Website is based in the state of New York in the United States.  We provide this Website for use only by persons located in the United States.  We make no claims that the Website or any of its content is accessible or appropriate outside of the United States.  Access to the Website may not be legal by certain persons or in certain countries.  If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.  Only persons located in the United States may purchase products and services through the Website.  We do not currently ship products outside of the United States.  If you wish to place an order for products to be shipped outside of the United States, please contact us using the Contact Us link below.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.  TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OR ACCESS TO THE WEBSITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF AND ACCESS TO THE WEBSITE, ITS CONTENT AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.  THE WEBSITE, ITS CONTENT AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED EXCEPT AS EXPLICITLY STATED HEREIN.  NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.  WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

EXCEPT FOR THOSE WARRANTIES EXPLICITLY CONTAINED HEREIN, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE WEBSITE, ITS CONTENT AND ALL PRODUCTS ORDERED FROM THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR MANAGERS HAVE ANY LIABILITY FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF, UNDER OR RELATING TO YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE FOR LOSS OF PROFITS, REVENUE, OR LOSS OR INACCURACY OF DATA, OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCURRED OR SUFFERED BY PURCHASER, CONTRIBUTOR, OR ANY THIRD PARTY, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT, OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE OTHERWISE FORESEEABLE.

IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY UNDER OR RELATING, DIRECTLY OR INDIRECTLY, TO YOUR USE OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE EXCEED THE REVENUE THAT THE COMPANY HAS RECEIVED FROM YOU FOR THE ORDER WITH RESPECT TO WHICH LIABILITY AROSE.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANYS TOTAL LIABILITY WITH RESPECT TO ANY PARTICULAR ORDER MADE THROUGH THE WEBSITE, SHALL BE LIMITED TO THE PURCHASE PRICE PAID FOR SUCH ORDER.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers and their respective officers, directors, managers, members, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (a) your violation of these Terms of Use, (b) the breach or inaccuracy of any representation, warranty or covenant made by you in these Terms of Use, and (c) your use of the Website (including, but not limited to, any Content that you submit), any Website content, or any product or service offered by the Company, in each case, other than as expressly authorized in these Terms of Use.

Governing Law and Jurisdiction

All matters relating to the Website (including, without limitation, any products and/or services ordered therefrom) and these Terms of Use and any dispute or claim arising out of therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the New York law without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website (including, without limitation, any products and/or services ordered therefrom) shall be instituted exclusively in the federal or state courts located in New York.  You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver of these Terms of Use by the Company shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Feedback

If you provide any feedback or suggestions regarding the Company, the Website or any of our products or services (collectively, “Feedback”), you hereby assign to us all rights to such Feedback, and agree that the Company shall have the right to use such Feedback and related information in any manner it deems appropriate, without any obligation to notify or compensate you.  We will treat any Feedback you provide to us as non-confidential and non-proprietary.  You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.

Entire Agreement

(i) The Terms of Use, (ii) our Privacy Policy, and (iii) the terms, conditions and policies contained on any Company webpage used in connection with the purchase of goods or services from the Company constitute the sole and entire agreement between you and the Company with respect to the Website and all products obtained through the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns

The Website is operated by Boombox Gifts LLC.

All Feedback, requests for technical support and other communications relating to the Website or any products ordered from the Website should be emailed using the Contact Us link or can be emailed directly to Hello@Boomboxgifts.com.

 

Thank you for visiting the Website.

 

 

 

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